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NY G83015




October 18, 2000

CLA-2-62:RR:NC:3:353 G83015

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.43.0091

Mr. Christopher T. Wyffels
Ergodyne Corporation
1410 Energy Park Drive, Suite One
Saint Paul, MN 55108

RE: The tariff classification of a thermal garment from China or Taiwan.

Dear Mr. Wyffels:

In your letter dated September 28, 2000 you requested a classification ruling.

The submitted sample is a garment called a ThermalWear® Thermal Vest with an outer shell composed of woven 45% polyester, 40% cotton, 5% nylon, 5% foil, 5% latex fabric. The garment comes in Styles 6100 for small to medium-sized adults and 6200 for medium to large-sized adults The garment is protective apparel that is worn over the torso while working in confined spaces or hot environments. It absorbs excess body heat through temperature control thermal packs, which are made in the USA. The fabric garment will be imported without the temperature control thermal packs. The garment features open sides, adjustable hook and loop fastener shoulders, two adjustable hook and loop fastener waist straps, and mesh fabric lining to hold the temperature control thermal packs.

Chapter 62 Note 8, Harmonized Tariff Schedule of the United States (HTS), states in part that “Garments which cannot be identified as either men's or boys’ garments or as women's or girls' garments are to be classified in the headings covering women's or girls' garments.”

The applicable subheading for the ThermalWear® Thermal Vest will be 6211.43.0091, Harmonized Tariff Schedule of the United States (HTS), which provides for “Track suits, ski-suits and swimwear; other garments: Other garments, women's or girls': Of man-made fibers, Other.” The duty rate will be 16.4% ad valorem.

The ThermalWear® Thermal Vest falls within textile category designation 659. Based upon international textile trade agreements products of China and Taiwan are subject to quota and the requirement of a visa.

The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web site at www.customs.gov. In addition, the designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected and should also be verified at the time of shipment.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Kenneth Reidlinger at 212-637-7084.

Sincerely,

Robert B. Swierupski
Director,

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